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The Alien Tort Claims Act: A Tool For Repairing Ethically Challenged U.S. Corporations, Sonia Jimenez Jan 2004

The Alien Tort Claims Act: A Tool For Repairing Ethically Challenged U.S. Corporations, Sonia Jimenez

St. Thomas Law Review

Any good business person knows the best way to increase profit is to reduce overhead without compromising the quality of the product. With this in mind, many U.S. corporations have established business operations abroad, particularly in lesser developed countries. While lesser developed countries may not be attractive to tourists, they are attractive to industries and corporations for a number of reasons. Leaders of lesser developed countries can offer such corporations inexpensive materials, untapped natural resources, a cheap, yet highly productive, labor force, and there is virtually no regulation of business practices. Oftentimes, the leaders of such regions are just as …

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Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law Jan 2004

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

In Ocho Rios, on July 23-24, 2004, the American and Caribbean Law Initiative ("ACLI")' held a conference entitled "Caribbean Market Forces: Emerging Trends in International and Comparative Law."

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Law And The Making Of Slavery In Colonial Virginia, Ashton Wesley Welch Jan 2004

Law And The Making Of Slavery In Colonial Virginia, Ashton Wesley Welch

Ethnic Studies Review

Some authorities from the antebellum period to the present have located the source of the American law of slavery in continental civil law codes and hence in Roman slave law. They have been unable or unwilling to connect the brutal system of institutionalized racial slavery that emerged in Virginia and elsewhere in the American slave kingdom with what they have perceived as an open, freedom-favoring Anglo-American legal system and have thus sought an explanation of its legal underpinnings in other jurisdictical standards. Both the absence of chattel slavery in English law and the common law's claimed bias in favor of …

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Law Is The Answer? Do We Know That For Sure?: Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh Goodmark Jan 2004

Law Is The Answer? Do We Know That For Sure?: Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh Goodmark

Saint Louis University Public Law Review

No abstract provided.

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Belief In A Just World Among Undergraduates, Graduate Students, And Law Students, Joseph F Boetcher Jan 2004

Belief In A Just World Among Undergraduates, Graduate Students, And Law Students, Joseph F Boetcher

UNLV Retrospective Theses & Dissertations

Participants were 135 undergraduates, graduate students, and law students. They were compared on the strength of their belief in a just world. In addition, half the participants were primed with a word task that threatened their belief in a just world. It was hypothesized that the law students would exhibit a stronger belief in a just world than the other two educational groups, and that the primed participants would score higher in just world belief than the non-primed participants. Results failed to support the research hypotheses. Possible interpretations of the results are discussed, and recommendations for future research are offered.

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The Nova Southeastern Lawyer, Summer 2003, Volume 12, Number 3, Nova Southeastern University - Shepard Broad Law Center Jul 2003

The Nova Southeastern Lawyer, Summer 2003, Volume 12, Number 3, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

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School Of Law Commencement: May 17, 2003, University Of North Dakota May 2003

School Of Law Commencement: May 17, 2003, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 17, 2003.

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Legal, Political, And Ethical Hurdles To Applying International Human Rights Law In The State Courts Of The United States (And Arguments For Scaling Them), Penny White Apr 2003

Legal, Political, And Ethical Hurdles To Applying International Human Rights Law In The State Courts Of The United States (And Arguments For Scaling Them), Penny White

Scholarly Works

No abstract provided.

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A Response And Retort, Penny White Apr 2003

A Response And Retort, Penny White

Scholarly Works

No abstract provided.

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Mourning And Celebrating Gideon's Fortieth, Penny White Jan 2003

Mourning And Celebrating Gideon's Fortieth, Penny White

Scholarly Works

No abstract provided.

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Tracking The Circulatory Of Confession Jurisprudence After Massiah & (And) Miranda: Can A Superficial Application Of Property Law Make Sense Out Of Nonsense?, Rory Bahadur Jan 2003

Tracking The Circulatory Of Confession Jurisprudence After Massiah & (And) Miranda: Can A Superficial Application Of Property Law Make Sense Out Of Nonsense?, Rory Bahadur

St. Thomas Law Review

After Miranda v. Arizona and Massiah v. United States, there were arguably three doctrinally separate methodologies for determining the admissibility of confessions in criminal proceedings. The interaction of these three doctrines has generated a complex, contradictory, somewhat inexplicable, and chaotic jurisprudence. This paper re-examines the post- Miranda interaction of the three doctrines, and argues that basic property law provides a conceptual framework for reconciling what appears to be an otherwise arbitrary and unpalatable collection of Supreme Court decisions. Section one briefly examines the totality of the circumstances test and the Miranda and Massiah decisions themselves, not from the standpoint of …

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The Historical And Contemporary Prosecution And Punishment Of Animals, Jen Girgen Jan 2003

The Historical And Contemporary Prosecution And Punishment Of Animals, Jen Girgen

Animal Law Review

This article analyzes the role of the animal “offender,” by examining the animal trials and executions of years past. The writer argues that although the formal prosecution of animals as practiced centuries ago may have ended (for the most part), we continue to punish animals for their “crimes” against human beings. She suggests that we do this primarily to achieve two ends: the restoration of order and the achievement of revenge, and concludes with a call for a renewed emphasis on “due process” for animals threatened with punishment for their offenses.

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Valuing Companion Animals In Wrongful Death Cases: A Survey Of Current Court And Legislative Action And A Suggestion For Valuing Pecuniary Loss Of Companionship, Elaine T. Byszewski Jan 2003

Valuing Companion Animals In Wrongful Death Cases: A Survey Of Current Court And Legislative Action And A Suggestion For Valuing Pecuniary Loss Of Companionship, Elaine T. Byszewski

Animal Law Review

Because it is exceedingly difficult to measure the value of “companionship” in determining damages for the loss of a companion animal in wrongful death cases, courts and legislatures have struggled to come up with a realistic method of assessment. This article suggests a straightforward “investment approach” to estimate the minimum pecuniary value, including companionship value, that human guardians place on their companion animals. Significantly, the investment approach provides a more accurate assessment of companion animal value, which serves tort system goals of efficient compensation for loss and deterrence of future harm to companion animals.

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Reaching For Justice: An Analysis Of Self-Help Prosecution For Animal Crimes, Jennifer H. Rackstraw Jan 2003

Reaching For Justice: An Analysis Of Self-Help Prosecution For Animal Crimes, Jennifer H. Rackstraw

Animal Law Review

Although prosecutorial discretion is a firmly entrenched legal doctrine in the United States, such unbridled discretion impedes the vigorous and consistent prosecution of animal crimes. With an overwhelming incidence of animal cruelty and neglect crimes perpetrated in the United States every year, documented cases should not be passed over for prosecution due to a lack of empathy on the part of the prosecutor, a misplaced understanding of the seriousness of animal cruelty crimes, or a dearth of resources. To ensure that animal crimes are more vigorously and consistently prosecuted, citizens should take advantage of existing mechanisms that allow for public …

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A Social Contract Between Students And The State: A Constitutional Analysis Of Florida Statutes Related To Mandatory Expulsion For Weapon Possession, Corporal Punishment And The Use Of Metal Detectors On Campus, Loula D. Giannet Jan 2003

A Social Contract Between Students And The State: A Constitutional Analysis Of Florida Statutes Related To Mandatory Expulsion For Weapon Possession, Corporal Punishment And The Use Of Metal Detectors On Campus, Loula D. Giannet

St. Thomas Law Review

This article analyzes the constitutionality of various Florida statutes as they may be applied to curtail acts of violence on school grounds. Analyzed from a social contract theoretical perspective, the article first examines whether Florida's zero-tolerance policy regarding weapon possession in schools, which requires mandatory expulsion, comports with the Due Process Clause. Second, the article evaluates the relevant statutes pertaining to corporal punishment and the due process implications of this sanction. Third, the article explores the constitutional issues associated with the use of metal detectors on campus. Finally, the article briefly discusses whether the Double Jeopardy Clause precludes a subsequent …

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The Myth Of Machismo: An Everyday Reality For Latin American Women, Patricia M. Hernandez Jan 2003

The Myth Of Machismo: An Everyday Reality For Latin American Women, Patricia M. Hernandez

St. Thomas Law Review

This paper attempts to present a loose, culturally driven definition of machismo and how this cultural belief affects a woman's "place" in Latin America. With this, another aim is to present a view of the available statistics regarding battering in Latin America. Finally, it is necessary to correlate machismo with the available laws and the ineffectiveness of their application. It is important to also recognize that women's rights groups within Latin America have attempted to pursue certain new avenues to combat domestic violence. Furthermore, the international community has begun to analyze the benefits and consequences associated with the attempt to …

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Semblances Of Sovereignty: The Constitution, The State, And American Citizenship, T. Alexander Aleinikoff, Harvard University Press, 2002. Pp. 223, Harvey Gee Jan 2003

Semblances Of Sovereignty: The Constitution, The State, And American Citizenship, T. Alexander Aleinikoff, Harvard University Press, 2002. Pp. 223, Harvey Gee

St. Thomas Law Review

A major contribution to the contemporary thinking about immigration, citizenship, and assimilation is offered by Georgetown Law Center Law Professor T. Alexander Aleinikoff in his recent volume, Semblances of Sovereignty: The Constitution, the State, and American Citizenship. The book helps to advance the immigration debate and define what it means to be an American. Aleinikoff paints with broad theoretical strokes with academics in mind. Relying on theory, he asks readers to consider how the court has treated the issue of "citizenship" and how it has defined its boundaries and limitations. He also addresses the reasons why traditional notions of immigrant …

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Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor Nov 2002

Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor

International Bulletin of Political Psychology

This article provides a perspective for the controversy surrounding the appropriateness of killing and incarceration during a war on terrorism with global reach.

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The Nova Southeastern Lawyer, Summer 2002, Volume 12, Number 2, Nova Southeastern University - Shepard Broad Law Center Jul 2002

The Nova Southeastern Lawyer, Summer 2002, Volume 12, Number 2, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

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School Of Law Commencement: May 11, 2002, University Of North Dakota May 2002

School Of Law Commencement: May 11, 2002, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 11, 2002.

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Broadly Speaking - April, 2002, Nova Southeastern University Apr 2002

Broadly Speaking - April, 2002, Nova Southeastern University

Broadly Speaking

No abstract provided.

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When Memory Speaks: Remembrance And Revenge In Unforgivent, Austin Sarat Apr 2002

When Memory Speaks: Remembrance And Revenge In Unforgivent, Austin Sarat

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.

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Comparative Criminalization: Cultural Meanings Of Adultery And Gender Violence In Hawai‘I In 1850 And 1990, Sally Engle Merry Mar 2002

Comparative Criminalization: Cultural Meanings Of Adultery And Gender Violence In Hawai‘I In 1850 And 1990, Sally Engle Merry

Pacific Studies

This essay analyzes the impact of court cases concerning sexuality and adultery on customary understandings of kinship and gender in Hilo, Hawai‘i. During the periods covered the nature of the cases, the content of the law, and the implementation of punishment changed radically. Nevertheless, there are similarities in modes of criminalization during the 1840s and 1850s, on the one hand, and during the 1990s, on the other. Both used the authority and sanctioning power of the law to redefine marriage and gender relations. Both were implemented through local practices of police, courts, and corrections/treatment officials, which provided incentives for compliance …

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Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny White Feb 2002

Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny White

Scholarly Works

No abstract provided.

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A Defendant's Right To Exculpatory Evidence: Does The Constitutional Duty To Disclose Exculpatory Evidence Extend To New Evidence Discovered Post-Conviction, Todd E. Jaworksy Jan 2002

A Defendant's Right To Exculpatory Evidence: Does The Constitutional Duty To Disclose Exculpatory Evidence Extend To New Evidence Discovered Post-Conviction, Todd E. Jaworksy

St. Thomas Law Review

This note will first address Brady and the modifications made to the disclosure law by subsequent cases. Second, this note will explain the ethical obligations concerning a prosecutor's duty to disclose exculpatory evidence post-conviction as set out by the Model Rules of Professional Conduct. Third, this note will critically examine various case law in which the constitutional duty to disclose is seemingly extended to encompass post-conviction, newly discovered exculpatory evidence in the hands of the prosecutor. Finally, this note will conclude with an analysis and opinion of the disclosure law, discussing why the constitutional duty should be extended post-conviction.

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Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law Jan 2002

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

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Broadly Speaking - January, 2002, Nova Southeastern University Jan 2002

Broadly Speaking - January, 2002, Nova Southeastern University

Broadly Speaking

No abstract provided.

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Enforcing Existing Rights, Cass R. Sunstein Jan 2002

Enforcing Existing Rights, Cass R. Sunstein

Animal Law Review

No abstract provided.

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Ethics, Race, And Reform, Anthony V. Alfieri Jan 2002

Ethics, Race, And Reform, Anthony V. Alfieri

Articles

No abstract provided.

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Enron's Legislative Aftermath: Some Reflections On The Deterrence Aspects Of The Sarbanes-Oxley Act Of 2002, Michael A. Perino Jan 2002

Enron's Legislative Aftermath: Some Reflections On The Deterrence Aspects Of The Sarbanes-Oxley Act Of 2002, Michael A. Perino

Faculty Publications

Since Enron's implosion, an astounding string of accounting scandals have stunned the securities markets. Global Crossing, WorldCom, Adelphia, and a host of other companies have seen plummeting share prices and SEC and criminal investigations. Congress's reaction has been equally stunning and surprisingly swift. It passed with near unanimity the Sarbanes-Oxley Act of 2002 (the "SOA" or the "Act"), and President Bush quickly signed it into law. The President billed the Act as one of the "the most far-reaching reforms of American business practices since the time of Franklin Delano Roosevelt." While the SOA is certainly lengthy, with eleven titles and …

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